Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 6

Compensation in fatal cases

(Past version on 30/06/1997).

(1) Where death results from the injury, then, subject to section  6A , the
amount of compensation payable to the members of the family of the employee
shall be- (Amended 52 of 2000 s. 5)

   (a)  in the case of an employee under 40 years of age at the time of the
        accident, a lump sum equal to 84 months' earnings or 84 times the
        amount specified in the second column of the Sixth Schedule shown
        opposite section 6(1)(a) specified in the first column of that
        Schedule, whichever is the less;

   (b)  in the case of an employee of or over 40 years of age but under 56
        years of age at the time of the accident, a lump sum equal to 60
        months' earnings or 60 times the amount specified in the second column
        of the Sixth Schedule shown opposite section 6(1)(b) specified in the
        first column of that Schedule, whichever is the less;

   (c)  in the case of an employee of or over 56 years of age at the time of
        the accident, a lump sum equal to 36 months' earnings or 36 times the
        amount specified in the second column of the Sixth Schedule shown
        opposite section 6(1)(c) specified in the first column of that
        Schedule, whichever is the less. (Amended L.N. 79 of 1983; L.N. 321 of
        1985; L.N. 390 of 1987; L.N. 386 of 1989; L.N. 435 of 1991; 66 of 1993
        s. 2; L.N. 566 of 1995; 36 of 1996 s. 4)

(2) The amount of compensation payable under subsection (1) shall in no case
be less than the amount specified in the second column of the Sixth Schedule
shown opposite section 6(2) specified in the first column of that Schedule.
(Amended L.N. 79 of 1983; L.N. 321 of 1985; L.N. 390 of 1987; L.N. 386 of
1989; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 4)

(3) Notwithstanding anything in subsection (1) or (2), where in respect of the
same accident compensation has been paid under section 7 or 9, there shall be
deducted from the sum payable under subsection (1) any sums so paid as
compensation.

(4) (Repealed 52 of 2000 s. 5)

(5) Where death results from the injury, reimbursement of the reasonable
expenses of the funeral of the deceased employee and the reasonable expenses
of medical attendance on the deceased employee, not exceeding in all the sum
of the amount specified in the second column of the Sixth Schedule shown
opposite section 6(5) specified in the first column of that Schedule, shall be
paid by the employer to any person who has paid the expenses. (Amended 76 of
1982 s. 5; L.N. 386 of 1989; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of
1995; 36 of 1996 s. 4; 52 of 2000 s. 5)

(6) (Repealed 52 of 2000 s. 5) (Replaced 44 of 1980 s. 4)